Montana Name Change Petition

Introduction

Key Things to Know

1. 1

   In Montana a name change petition is the court filing an adult uses to legally change their own name, and at the hearing the judge may examine you on oath before signing the order that makes the new name your legal name.

2. 2

   You file the petition in the District Court of the county where you reside (Montana Code Annotated Section 27-31-101).

3. 3

   Montana requires notice of the time and place of the hearing to be published for four successive weeks in a newspaper published in the county, or posted in at least three public places for four successive weeks if no county newspaper exists (Section 27-31-201(1)).

4. 4

   If publication would put you at risk, the court may allow the petition to proceed on a sealed-record basis when it is satisfied you are not avoiding a debt or hiding a criminal record; that request must be stated in the petition (Section 27-31-201(3)).

5. 5

   The petition must set out your place of birth and residence, your present name, the name proposed, and the reason for the change (Montana Code Annotated Section 27-31-101).

6. 6

   A hearing is held; on the day set, after proof that the required notice was published or posted, the court hears the application and may examine you on oath, and any person may file objections showing good reasons against the change (Sections 27-31-202 and 27-31-203).

7. 7

   After the order is signed, order certified copies from the clerk of the district court to update Social Security, your Montana driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver is available if you cannot afford it.

Montana Requirements for Name Change Petition

• District Court in Your County of Residence

  An adult name change in Montana is filed in the District Court of the county where the petitioner resides. All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person (Montana Code Annotated Section 27-31-101).

• Residence and Venue

  You file in the district court of the county where you reside, and the petition must set out your place of birth and residence, your present name, the name proposed, and the reason for the change (Montana Code Annotated Section 27-31-101). Montana sets no fixed durational residency period; the requirement is that you reside in the county where you file.

• Publish Notice for Four Successive Weeks

  Notice of the time and place of the hearing must be published for four successive weeks in a newspaper published in the county; if no newspaper is printed in the county, a copy of the notice must be posted in at least three public places in the county for four successive weeks (Montana Code Annotated Section 27-31-201(1)).

• Present Name and Proposed New Name

  The petition must state your present legal name and the exact new name you are requesting, along with your place of birth and residence (Montana Code Annotated Section 27-31-101). The court changes the name from the present name to the proposed name in its order.

• Reason for the Change

  The petition must state the reason for the requested name change (Montana Code Annotated Section 27-31-101). At the hearing the court or judge may examine on oath any of the petitioners or other persons touching the application (Montana Code Annotated Section 27-31-203).

• Good Faith and No Fraud

  State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. Montana conditions the sealed-record safety option on the judge being satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record (Montana Code Annotated Section 27-31-201(3)).

• Hearing and Objections

  The court or judge appoints a time for hearing; on the day set, after proof that the required notice was published or posted, the application is heard and the court may examine the petitioner on oath (Montana Code Annotated Section 27-31-201 and Section 27-31-203). Before the hearing, any person may file objections showing good reasons against the change (Section 27-31-202).

• Sealed Record for Safety and Certified Copies

  If your safety is at risk, ask in the petition to proceed on a sealed-record basis; the court may allow it when it is satisfied you are not avoiding debt or hiding a criminal record, and the sealed papers are withheld from inspection except on court order (Montana Code Annotated Section 27-31-201(3)). After the order, order certified copies from the clerk to update Social Security, your Montana driver license or ID, and other records. The filing fee is set by the court and a fee waiver is available.